Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Week 5
2. First, the Parkers were contractually obligated to pay the late fees because the fees were not exorbitant and were part of the parties' lease contract. However, unless the lease contract specifically says that the late fees could be charged as additional rent, then the landlord could not consider the late fees additional rent. If the late fees cannot be considered additional rent, then the Parker's failure to pay the late fees cannot be used as a basis to evict the Parkers.
7. The parents and the child probably should not be permitted to recover for emotional distress, although they would be entitled to recover for actual damages. Infliction of emotional distress is an intentional tort, which requires a plaintiff to establish that a defendant acted with a reckless...
Therefore, if Squibb knew the drug would cause birth defects and did not warn people, it might be responsible for emotional distress. However, if Squibb was not aware that its drug caused birth defects, its conduct was not outrageous and would not support emotional distress damages.
8. The court should not order specific performance. First, the Giants did not have clean hands, because they entered into a secret contract with Flowers, designed to defeat the Sugar Bowl's requirements that only non-professionals play in the game. In addition, people cannot be compelled to complete contracts through specific performance. The appropriate remedy for breach of a personal service contract…
Federal Courts On Linda Greenhouse's Op-Ed: "Lessons Maybe Learned" Linda Greenhouse in her New York Times article titled Lessons Maybe Learned reminds us that the federal courts still exist, despite the weakening of Constitutional protections for privacy, free speech, and due process, and against cruel and unusual punishment since 9/11. She opens her opinion piece by relating her sentiment of the almost invisibility of judicial branch in the post-9/11 America. Of course
Federal Courts There are three branches of the federal government: the legislative, executive, and judicial branches. The federal courts were established by Congress, which is given the power to establish them in the Constitution. The Constitution also empowers the Congress to establish the jurisdiction of the federal courts, determine the number of judges needed in the federal court system, to confirm Executive appointments of judges, and to manage the judiciary's
S.B. 1070, ACA, AND FEDERAL PREEMPTION 1070, the ACA, and Federal Preemption S.B. 1070, the ACA, and Federal Preemption Tenth Amendment The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving some measure of state autonomy (Lash, 2006). The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U.S. Constitution. All other powers are left to the
Determination of Federal Court of Appeal in the case of Canterbury vs. Spence Canterbury filed a lawsuit against Spence in the United States. In this lawsuit, Canterbury alleged that Dr. Spence had shown negligence when performing laminectomy on Canterbury and failed to inform him fully about the risks involved in the surgery. In addition, the lawsuit argued that Dr. Spence had negligent as he allowed Canterbury to remain unattended to following
Background of Terrorist Trials in the United States Terrorism occupies a unique liminal position, somewhere between acts of war and criminal acts. Because of this, jurisdiction, the rights of terrorist suspects, and other ethical and legal conundrums have lent themselves to an inconsistent and ambiguous terrorist trial system in the United States. Historically, as now, terrorist trials in the United States have taken place in several different jurisdictions, and prosecutorial discretion
Court Systems The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the